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  1. #1
    skydiver76 is offline Junior Member
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    Carport flooding during rains

    What is the name of your state? California

    I have moved into a new apartment in july of '07, according to the lease it comes with 1 under the building carport. What i did not know is that during winter storms the falling leaves clog the drains and the parking lot as well as ~10 carport spaces flood as deep as 4-5 inches. This part of the complex is also lowest, so that doesnt help. I have 1 car and a motorcycle that i keep in front of the car; on jan 4th it flooded really bad .. I was able to get the car out in time but the bike clean up took 2 days. I have many pictures of what it was like. Now its going to rain heavily again, what do i do ? Of i take car and bike on the street - i risk damage from falling branches , water etc - after all thats why i rented an apartment with carport and what good is it if i cant use it on stormy days ?? The manager says its all " acts of God" and he wont pay for any damage or work with the City to improve the drain situation. Should i start witholding part of the rent and when he tries to evict me have my day in court ?? I have good credit and never had any rental problems but this is just wrong.. Any adivse ?

    Thanks !What is the name of your state? Cakifornia, San JoseWhat is the name of your state?
  2. #2
    Hot Topic is offline Senior Member
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    Never withhold rent without first checking the tenant/landlord laws to see if you're permitted to do so. Sometimes the local bar association will hold clinics; you can talk to a lawyer free of charge for a certain amount of time.

    Does the building have a maintenance man? They're usually responsible for keeping drains free of leaves and other debris.

    Was the city contacted about the problem? I'm curious about his comment that he wouldn't work with the city to take care of the problem.
  3. #3
    skydiver76 is offline Junior Member
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    Yes i wont withold rent like that - this was just frustration. He says the city knows but is not doing anything since its ok during light rains but when it rains heavily for a few hours the drains cant handle it, "thats just how this part of complex is - what do you want me to do about it ? ". The maintenance guy opens up extra sewer drains but by that time its usually too little too late. My problem is that i rented an apt with carport and he's telling me to take my car & bike out before big storms - unacceptable. Is my only option to leave everthing and watch it flood than sue for actual damages ? He says he wont voluntarily pay for any damage and said i'd never get any small claims judge to agree with me.
    Ideally i want the situation fixed, i cant watch for this everytime it rains - what if i am away ?? If not, than i'd take a reduction in rent but how do i get it ?

    Thanks !
  4. #4
    CA LL is offline Senior Member
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    Umm..not to be smart or anything but 4 to 5 INCHES is basically TIRE level so I'm not sure what "damages" you are alleging exactly other than a car/bike wash : )

    Gotta wonder why you didn't rent an apartment with a GARAGE instead if your auto/bike are so important to you.

    When we get heavy rains in CA there are many carports and properties flooded with several FEET of water and yes it is an ACT OF GOD and the entire state gets hit with problems.
  5. #5
    CA LL is offline Senior Member
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    Quote Originally Posted by skydiver76 View Post
    during winter storms the falling leaves clog the drains and the parking lot as well as ~10 carport spaces flood as deep as 4-5 inches.
    Forgot the quote when I posted above...
  6. #6
    skydiver76 is offline Junior Member
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    WEll, perhaps the depth was wrong - it was high enough for water to get into my neihgbors car and make the floor all soggy for a week and she removed hers just half an hour later than i did. Also for shiny chrome covered bike its more than enough to cost ~$200 to detail or spend a day doing it myself. Only ~10 spaces out of a 100 or so in the complex flood and i wasn't told about it - are you saying the management is not responsible ? Basically the space is unusable during rain - you have to watch whether its gonna flood OR park on the street where big tree branches fall all over the place during the storms ...
  7. #7
    OHlandlord is offline Member
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    It could be much worse. In the spring here many roads flood and you can't get in or out the road to even get to your house! You have to watch the weather here or you could find yourself trapped in your house and unable to get out to go to work, the store, the doctor, etc. These are public roads, paved, owed by the county. Some are even state highways and are completely inpassible in heavy spring and summer rains. Many have height signs beside the flooding areas so you can see how deep the water is before you try to cross it, and get swept away into the river. We are always told it is an act of God.

    Right now we're in the single digits with wind chills below zero. I've watched it snow so many times already this winter that my brain is frozen. Forgive me if this problem seems trivial.
  8. #8
    Ohiogal is offline Senior Member
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    Try rental insurance with a flood insurance rider.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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